Canadian Law Flashcards
Canadian Legal System is based on ___
an English style common law system
Federal Gov’t looks after ___
Taxation, regulation of trade & commerce, transportation, National Defence, Criminal Law, Patents, etc.
Provincial Gov’t looks after ___
Property rights, Provincial environmental issues, Provincial civil and criminal courts, contracts (aka labour) and professional bodies
With the Canadian Constitution, everyone ___
has the freedom of religion, peaceful assembly, association, the rights of life, liberty and security, not be subject to any cruel and unusual treatment or punishment, etc.
Territories were assigned ___
power by the federal gov’t as they saw fit but acted much like provinces
Supreme Court of Canada
Canada’s final appeal court.
Independent of the federal, provincial and territories and deals only with items of national importance:
- large claims, federal criminal and divorces
Federal Court of Canada
Deals with claims against the gov’t of Canada, Transportation issues, trademarks, decisions of federal tribunals, etc.
Provincial Courts of Appeal
the last avenue in the province for commercial disputes, property disputes, negligence claims, family court less than divorces, small claims court < $25K
Quebec has a ____ legal system
different (codified or napoleonic)
Creation of Law
Normally, politicians make laws, public servants enforce it and judges would interpret it. However, judges have been interpreting the law differently than intended and it is becoming a big issue
What is wrong with Claims and Disputes?
Resolving them is costly as they take up time, money and energy. Alternatives can be taken rather than going to a court
International Law (hint: working outside of Canada)
Should respect treaties. If you are taxed in the country you are working you can offset the taxes you pay in Canada. Still bound to Canadian professional practices
What is the Theory of Precedent? (hint: think about past lawsuits)
In deciding cases, the courts apply legal principles established in previous court decisions that involved similar or analogous fact situations
What is the rule of law?
NO ONE is above it
What is litigation?
a lawsuit
Who is a plaintiff?
party bringing the action or making the claim in the lawsuit
Who is a defendant?
party defending the action or the party against whom the claim has been made
Who is an appellant?
party appealing the decision of a lower Court, in either civil litigation or criminal matters
Who is a respondent?
Party seeking to uphold a decision of the lower court that is being appealed (term applies in both civil litigation and criminal matters)
Privity of Contract
describes the legal relationship between parties to a contract
Who is a creditor?
A party to whom an amount is owing
Who is a debtor?
A party that owes an amount to a creditor
What is indemnification?
promise to directly compensate or reimburse another party for a loss or cost incurred
What is judge-made law?
allows judges to overrule gov’t which frustrates the politicians (e.g. marijuana in Canada)
